V.Thavamurali v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Thavamurali ... Petitioner Vs 1.The State of Tamil Nadu, rep. by its Principal Secretary to Government, Adi Dravidar Welfare, Hill Tribes and Bonded Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Director of Tribal Welfare, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Adi Dravidar and Tribal Welfare Officer, The Nilgiris District, The Nilgiris.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pass orders for granting promotion to the petitioner to the post of 1/4
B.T.Assistant (English) existing in Government Tribal Residential Middle School, Ponneni and Government Tribal Residential Middle School, Ayyankollai, Nilgiris District in operation of panel issued by the second respondent in Se.Mu.No.Pa.Me/E3/7870/2022 dated 17.08.2022, by treating the vacancy as B.T.Assistant (English) based on records, in consideration of representation submitted by the petitioner dated 16.09.2022 with all consequential and other attendant benefits, within a time frame to be fixed by this Court.
For Petitioner : Mr.S.Nedunchezhiyan For Respondents : Mr.S.Prabhakaran, Government Advocate
ORDER
Heard Mr.S.Nedunchezhiyan, learned counsel for the petitioner and Mr.S.Prabhakaran, learned Government Advocate for the respondents.
2.The petitioner herein had given a representation to the respondents on 18.10.2022 for promotion. Since the said representation was not considered, the present writ petition has been filed. 2/4
3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time. 4.In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 18.10.2022, on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5.It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the respondents to consider the same on its own merits. 3/4
M.S.RAMESH,J.
vga 6.With the above direction, the Writ Petition stands disposed of. No costs.
09.06.2023 Index:Yes/No Speaking order/Non-speaking order vga To 1.The State of Tamil Nadu, rep. by its Principal Secretary to Government, Adi Dravidar Welfare, Hill Tribes and Bonded Welfare Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Director of Tribal Welfare, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Adi Dravidar and Tribal Welfare Officer, The Nilgiris District, The Nilgiris.
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